Browsing by Author "Tucker, Shelley"

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Changing How Surveillance Activities Are Regulated in New Zealand: The Search and Surveillance Bill 2009
(Te Herenga Waka—Victoria University of Wellington, 2009) Tucker, Shelley
Covert surveillance can be summarised as the monitoring of behavior, activities, or other changing information, intentionally without the subject’s prior knowledge. Covert surveillance can act to curtail rights, such as privacy, or be a vital tool in preventing and detecting crime. For citizens to accept and consent to certain forms of surveillance, particularly covert, the state should be accountable for its actions. It cannot be left with an unfettered discretion to determine why and where it carries out covert surveillance on, and on behalf of its citizens, without some form of legal responsibility. The New Zealand Law Commission’s 2007 Report Search and Surveillance Powers resulted from a growing perception that the law in New Zealand relating to search and surveillance is outdated, inconsistent, spread over a large number of statutes and has been developed in piecemeal manner. To address this, the New Zealand Law Commission recommended that all general law relating to search and surveillance be brought together in a single generic statute to provide certainty, consistency and coherence. The Search and Surveillance Bill 2009 was introduced to Parliament in July 2009, responds to this call and implements the government’s intention to establish a single statutory regime for search and surveillance in New Zealand. This paper assesses how the Search and Surveillance Bill 2009 proposes to regulate surveillance activities, with respect to how it balances ensuring law enforcement officers can utilise technology more effectively in an investigation, whilst at the same time protecting the rights of citizens.
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Expanding the Air Services Liberalisation Tool-Kit
(Te Herenga Waka—Victoria University of Wellington, 2011) Tucker, Shelley
Air services is a term that can refer to a range of aviation related services including aircraft maintenance and repair, but also route access, flight frequency, national treatment, and levels of foreign ownership of airlines. It should be noted that the term ‘air services’ in this paper is intended to refer to route access, flight frequency, national treatment, and levels of foreign ownership of airlines. Where other types of air services are being discussed these will be specifically set out. Aviation is a significant industry in New Zealand that is growing, and progressive reform opportunities to benefit the sector (and New Zealand Inc) are worthy of further investigation. This research paper considers what current air services arrangements New Zealand has and how greater benefits from the development of New Zealand’s aviation connectivity might be realised by diversifying the reform tools used to progress liberalisation objectives. In essence, diversification of the types of agreements or negotiating modalities is needed, depending on the liberalisation objectives being pursued, which, in turn, may vary from market to market. This paper suggests that New Zealand should, therefore, not necessarily abandon the use of bilateral air services agreements altogether, but, where possible, should look to arrange plurilateral and regional agreements in the short-to-medium term, with a conscious view that such developments may progressively lead to multilateral air services liberalisation arrangements in the longer-term.
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Issues Arising From the Decision of the European Court of Human Rights in M.S. v United Kingdom
(Te Herenga Waka—Victoria University of Wellington, 2012) Tucker, Shelley; Geiringer, Claudia
It has been argued that the power of the State is at its greatest when the State detains people: detention, therefore, raises “fundamental issues of human rights”.1 In New Zealand, and elsewhere in the world, those detained by the State also seem to come disproportionately from parts of society that are already vulnerable, such as those with mental illness. This research paper considers implications and issues arising from a case involving a mentally unwell man who was detained by Police, and where there were delays in getting him appropriate psychiatric treatment. In M.S. v United Kingdom2 the European Court of Human Rights (the ECHR) found that these delays constituted a breach of his human rights; finding that the treatment he experienced amounted to degrading treatment in breach of art 3 of the European Convention on Human Rights (the European Convention).
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New Zealand and Compliance with International Transport Security Measures
(Te Herenga Waka—Victoria University of Wellington, 2011) Tucker, Shelley
This paper provides an introduction to some of issues for, and impacts on, low-terrorist-threat states when faced with responding to international counter-terrorism standards or expectations. This paper provides background information about terrorism threat levels in New Zealand and other states; New Zealand’s general policy with regard to international counter-terrorism efforts; and roposes the models of rule-taker and rule-maker to assess the nature of New Zealand’s approach to new international counter-terrorism measures. This paper focuses specifically on New Zealand’s contemplation of new international transport security standards: transport is an attractive target for terrorism attacks because of the disruption that is caused, and is particularly relevant to New Zealand which relies heavily on transport links for its trade and tourism markets. This paper will suggest that in determining whether to comply with a new international transport measure, factors such as New Zealand’s geographical isolation and reliance on external trade, its international obligations, and the frequently swift and reactive nature of new international security measures, have the potential to dominate the change justification analysis more than factors such as the risk and threat of an actual terrorist attack occurring in New Zealand. In addition, these factors can be categorised as external, that is, they are factors over which New Zealand has apparently little or no control or ability to change or influence. By their nature, these factors can potentially result in New Zealand appearing to take new security standards (rules) more than making them.